Le corti inglesi durante l'emergenza sanitaria: tra deferenza e controllo di ragionevolezza

Abstract

English courts during the health emergency: between deference and reasonableness – This work analyzes how the pandemic was dealt with by the English courts, with a focus on the interaction between constitutional reasoning and scientific data. The goal is to assess the legacy of the health crisis, verifying whether and to what extent this period brought about changes in the legal reasoning of the English courts. After a brief outline of the English model of protection of rights and its peculiarities, the paper reviews the decisions regarding measures to respond to the pandemic, with a focus on the main judgments that specifically highlight the courts’ approach to the scientific evidence underlying the measures adopted to contain the pandemic.

Keywords: Covid-19; England; Courts; Science; Legal reasoning